Memorandum that on 10 December 1253 Henry Houhil brings a complaint
against John Dodeman, that he unjustly, and despite
[being of] the fellowship of the
gild, withholds from him a black
russet of 7
ells, with the result that he
has unwillingly suffered embarrassment and damages to the value
of 6s.8d. Pledges for
Henry to prosecute: Peter Blund and Nicholas Burgess. John
emphatically denies the accusation and
wages his law; John's pledges:
William Morker, William Baudewine. He has been assigned February 10
as the date on which to do his law.

That [doing of] law is delayed until
the following Thursday; if in the meanwhile they come to terms,
gild justice will be unnecessary.

John made his law with his own hand and with William Morker and
William de Benewik; [consequently]
Henry is in mercy.

[ .... ]

[1258]
William Sturdy brings a complaint against John Folebarbe, that to
his damage and his embarrassment, and despite the gild
[law], he refused him a lot
[in a sale] of fish, whereby
the community suffered damage. Regarding the contempt
[of gild law],
[he seeks] a cask of ale; and,
because he unwillingly suffered damage and embarrassment, 5s.

John denied the whole thing, word for word, and waged his law;
concerning which John left and, returning, sat between Nicholas fitz Humfrey
and Geoffrey de Nottingham who might help him in doing his law. And John,
not wishing to do his law, pledged a cask of ale; pledges:
[2 named]. He
pledged to William his craft; pledges
[2 named].

DISCUSSION

These records of legal disputes tried before the gild authorities, who had
some jurisdiction over the behaviour of their members, are each a series
of entries recording the progress of the cases. That the defendants
resorted to only a three-handed oath (i.e. the defendant swore to
his innocence and his pledges then swore that he was telling the truth)
reflects that the crimes were not serious. It may seem unfair that,
Dodeman having successfully made his defence, the plaintiff was
automatically condemned. However, the case of Sturdy vs. Folebarbe
suggests that even a three-handed oath was not necessarily easy
to achieve if, as may have been the situation here, either the defendant
or his proposed compurgators (between whom he sat) was reluctant to take
a false oath. For further background on this process, see the
London custom.

NOTES

"gild"
The gild referred to is the merchant gild; detention of goods was in
itself an offence, but that the offence was against one gildsman by
another compounded the matter.

"russet"
A type of cloth.

"ells"
An ell was a measure that might vary but usually a little over a yard
in length; the Latin ulna it is often translated as "yard".

"pledged to William his craft"
Folebarbe's pledging of his craft to the plaintiff is plausibly explained
by Mary Bateson as a guarantee to give up his craft for a year and a day
if he failed to make good on compensation.